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(영문) 서울동부지방법원 2017.11.16 2017고단1821
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around June 2016, the Defendant imported and constructed an imported remote area to the victim B in the direction of the answer located in Seongdong-gu Seoul, Seongdong-gu, Seoul.

If an investment of KRW 30 million is made, the amount of money will be reduced to KRW 7 million.7 million.

When making an investment in money, until August 15, 2016, the term “to provide the principal and the profits.”

However, in fact, the Defendant was trying to receive money from the injured party to use the personal debt, living expenses, etc., and did not have any intent or ability to return the principal and the profits until August 15, 2016 after importing an imported remote area and doing construction.

Around July 8, 2016, the Defendant, by deceiving the victim as above, received 38 million won from the victim to the Nonghyup Bank account in the name of the Defendant from the victim and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report ( telephone conversations with audience C);

1. A certificate of transfer confirmation and a detailed statement of deposit transactions;

1. The loan certificate;

1. Application of the Acts and subordinate statutes governing the closure of text messages;

1. Circumstances unfavorable to the reasons for sentencing under Article 347(1) of the Criminal Act relating to the pertinent criminal facts and Article 347(1) of the Selection of Punishment Act: The sentence shall be rendered as ordered for the following reasons: The first offender, such as the fact that the amount of deception is not a significant amount: The defendant's age, sex, environment, motive, means and consequence of the crime, and all other circumstances, such as the situation after the crime, etc.

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